News Releases

May 11 End of PHE Brings Changes for Hospitals, Healthcare Providers

Yesterday’s official end of the COVID-19 public health emergency (PHE) marks a return to many pre-pandemic practices and policies, though some remain or will be extended as a result of the 2022 the Consolidated Appropriations Act (CAA) and other proposals.

In preparation, the Centers for Medicare and Medicaid Services (CMS) issued a memo detailing which waivers will expire and which will be maintained. Ending at the conclusion of the PHE are the:

• Waiver of the three-day prior hospitalization requirement for coverage of a skilled nursing facility (SNF) stay.
• Waiver of certain scope of practice requirements, including the Condition of Participation (CoP) that a Medicare patient in a hospital be under the care of a physician and that a physician be on call at all times, as well as the requirement that a certified registered nurse anesthetist be under the supervision of a physician.
• Waiver that allowed hospitals to screen patients at a location offsite from the hospital’s campus.
• Waiver of the utilization review CoP.
• Waiver of the requirements that nursing staff and hospitals have plans, policies and procedures in place for nursing services.

Although not all telehealth flexibilities will continue, under the CAA Congress extended some through Dec. 31, 2024. The CAA also extends the waivers and flexibilities associated with the Acute Hospital at Home initiative, allowing it to continue through Dec. 31, 2024.

In a rule published this week in the Federal Register, the U.S. Drug Enforcement Administration (DEA) will extend pandemic rules through Nov. 11, 2023, allowing doctors to prescribe controlled substances through telemedicine without meeting patients in person. For patients with an established telemedicine relationship on or before Nov. 11, 2023, the eased rules will be extended for an additional year, through Nov. 11, 2024.

Additional changes that come with the end of the PHE include:

• The Centers for Disease Control and Prevention (CDC) will lose access to some of the data it used to assess COVID risk and will end its Community Level metric.
• Medicare beneficiaries will no longer be able to obtain eight over-the-counter (OTC) COVID-19 rapid tests at no cost and private insurers no longer will be required to cover eight OTC rapid tests per month. Those with Medicaid coverage will maintain coverage of OTC rapid tests through Sept. 30, 2024.

For a more detailed summary of the policies impacting hospitals and other providers, refer to the May 1 CMS guidance.